1. It is a condition of us allowing you to obtain a membership and/or enter our studio, that you agree to our terms and conditions.

2. It is a condition of obtaining a membership or purchasing a class pack or otherwise physically entering our studio, you agree to be bound by the terms and conditions. If you do not agree with these terms and conditions, you will not be able to attend classes at Evolve Pilates Berwick. 

3. It is a condition of attending classes at Evolve Pilates Berwick that you have read, signed and agreed to Evolve Pilates Berwick waiver & release of liability document. 

4. These terms and conditions can be amended by Evolve Berwick at any time. We will notify you in writing of any changes to the by e-mail, on our website or otherwise at the studio. You should familiarise yourself with these terms and conditions and check for updates regularly.

5. Evolve Pilates Berwick reserves the right to refuse entry to, or eject you from our studio for any reason deemed acceptable by staff or management. 

6. Participating in any form of exercise at our studio is done entirely at your own risk. Clients are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise. Evolve Pilates Berwick is group fitness studio and NOT a clinical pilates studio.

7. You must inform management and any instructors if there are any risks to your health by participating in a pilates class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or if you are pregnant, prior to commencement. 

8. Where you have a medical condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our classes and provide a clearance from said practitioner if applicable. Participating in any form of exercise at our studio with a medical condition is done entirely at your own risk.

9. If you are pregnant and new to pilates we ask that you obtain clearance from your doctor prior to commencing classes. All pregnant clients must commence prior to 16 weeks gestation. After 16 weeks you will not be able to attend classes at our studio if you are a new client. Pregnant clients up to 16 weeks can attend any class style, after 16 weeks clients must attend our “Align” classes only.

10. You acknowledge that our instructors may make physical contact with you for correction purposes in order to ensure that your pilates practice is undertaken safely. Where possible, instructors will seek your permission prior to making a “hands on” adjustment however if you would prefer NO physical contact, please make your instructor aware of this prior to class.

11. We are not liable in any way to provide you with a refund, credit, transfer, or to offer compensation of any kind, for classes that are not held in accordance with the class schedule, but may choose to do so at our sole discretion.

12. We reserve our right to change our opening hours, cancel classes or make instructor changes at our studio on any given day. You will be notified of these changes via a text or email. You will be notified of any permanent changes to our opening hours or class/instructor schedule.

13. We are not responsible in any way for the safekeeping of your personal belongings. We recommend that you only bring personal belongings into our studio which are absolutely necessary for you to possess for the duration of your class.

14. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another person at the studio. If you do so, we may cancel your membership and permanently ban you from entering our studio.

15. Evolve Pilates Berwick complies with the Privacy Act; our policy is included on this website. If you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us @ kylie@evolvepilatesberwick.com.au

16. We use a third-party client management software known as “Momence”. In order to create a book a class, buy a class pack or a membership, your personal information will be provided to Momence. The collection and use of personal information by Momence is governed by Momence’s privacy policy.

17. To ensure you can attend a class, you must pre-book your attendance to any classes held at our studio using the online booking system available on our website or via the Momence app. This is required in order to ensure that there is sufficient space for members to attend any single class.

18. If you have booked to attend a class and wish to cancel your attendance, you must process a cancellation through the Momence app only. In order to cancel your attendance without penalty, you must process a cancellation using the Momence app up to 6 hours prior to the scheduled commencement time for the class. We will not accept cancellations by phone, e-mail or any other method other than by using the Momence App. Cancelling within the 6 hour window or failing to cancel or come to class (No show) will result in a forfeit of your class for clients who purchase class packs. For membership clients you will receive two (2) penalty free late cancellations per month. After that, late cancellations will incur a $5 fee.  No shows will automatically incur a $5 fee for membership clients.

19. In order to attend a class at our studio you must be 18 years of age or over. Children aged 16 and above can attend classes with a parent or guardians signed consent.

20. The sale of a membership or class pack is final. To the extent permitted by law, we do not offer any refunds on the cost for change of mind, user error, injury, illness, change of address, unsuitability or any other reason.

21. Memberships & class packs are sold or otherwise provided to patrons of our studio for personal use only. They are non-transferable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person. If we discover that you are engaging in any of these activities, we reserve the right to cancel your membership permanently. 

22. We offer gift cards for sale which can be redeemed for the creation of memberships and/or class packs. Gift cards are not redeemable for cash.

23. We reserve the right to increase fees for ongoing memberships & class packs at any time after the applicable minimum commitment period for your particular purchase has ended by giving 8 weeks notice. We will notify you in writing of any changes to the pricing details of all memberships & class packs.  If you are paying for your membership by direct debit, you authorise us to debit any increased fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your membership in accordance with these terms and conditions.

24. To the fullest extent permitted by law, Evolve Pilates Berwick, its owners, instructors, employees, contractors, and affiliates are released & held harmless from any and all liability, claims, demands, or causes of action that may arise from my participation in any class or activity at the studio, including but not limited to:

• Personal injury or death
• Property damage or loss
• Negligence, except where prohibited by law

25. You hereby indemnify Evolve Pilates Berwick, its owners, instructors, employees, contractors, and affiliates from all direct, reasonable and quantifiable loss or damage suffered by Evolve Pilates Berwick and/or it’s owners, instructors, employees, contractors, and affiliates as a result of you breaching these terms and conditions.

26. These Terms and Conditions shall be governed by the laws of Victoria, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in Victoria, Australia.

27. We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these terms and conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these terms and conditions. You agree that where we do so, the new party will assume our rights and obligations under these terms and conditions (in whole or in part) and you will release us from those rights and conditions under these terms and conditions.